Ms M Jilley v Cornerstone Healthcare Group Ltd — 2021

This was a preliminary hearing on the respondent's application to strike out Ms Jilley's claim and for costs. The tribunal recorded that the claim was an automatic unfair dismissal/detriment claim based on making protected disclosures, said to have been made at meetings on 23 and 31 December 2019 to two managers. The tribunal noted that, despite multiple case management orders from different employment judges, the claimant had not set out with sufficient clarity what disclosures she relied on, and had repeatedly referred the tribunal and respondent to broader documentation rather than identifying the specific allegations, dates, and details needed to plead the case.

The tribunal found that the manner in which the proceedings had been conducted was scandalous and unreasonable under Rule 37(1)(b). It held that it was unreasonable to bring a claim and then refuse, at two case management hearings and despite repeated orders, to particularise it so that the respondent could know the case it had to meet. It also found it scandalous for the claimant to accuse judges and lawyers of dishonesty without any basis, referring to those accusations in her written submissions and review request.

The tribunal further found non-compliance with tribunal orders under Rule 37(1)(c) and that the claim had not been actively pursued under Rule 37(1)(d). It listed the repeated failures to comply with orders from 11 June 2020, 25 June 2020, 18 September 2020, 4 January 2021, 3 March 2021 and the 20 April 2021 hearing, together with the failure to agree a joint bundle and the claimant's non-attendance at the strike-out hearing. The tribunal concluded that, after more than a year, the claim had not been progressed and struck it out.

The tribunal also granted the respondent's costs application under Rule 76(1)(a) and (2), finding the claimant's conduct had been unreasonable almost from the outset and had caused unnecessary expense and delay. No sum was assessed in the judgment itself: the amount of costs was left to be determined later, with directions for the respondent to file a costs schedule by 27 July 2021 and for the claimant to respond, including evidence of ability to pay, by 17 August 2021.